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AMHERST NURSING HOME, INC. v. COMMONWEALTH

398 Mass. 850 (1986)

501 N.E.2d 1161

AMHERST NURSING HOME, INC. vs. COMMONWEALTH.

Supreme Judicial Court of Massachusetts, Hampshire.

December 23, 1986.

Attorney(s) appearing for the Case

Stephen R. Kaplan (Robert H. Hovey with him) for the plaintiff.

William L. Pardee, Assistant Attorney General, for the Commonwealth.

Present: HENNESSEY, C.J., WILKINS, LIACOS, & ABRAMS, JJ.

WILKINS, J.

The Department of Public Welfare (DPW) adopted a regulation in 1979 which permitted it to recover overpayments made to one nursing home for the care of patients eligible for public assistance by offsetting amounts the DPW owed to another nursing home if at the relevant times the two facilities were "under a common ownership."1 On final audit the DPW determined that the interim payments it had made to the Skole Nursing Home...

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